Liking and sharing of online content as "criminal activity"

Liking and sharing of online content as "criminal activity"

"If you liked it, you expressed your opinion, therefore, you spoke. That speech is equally a subject of limitations as any other that violates the Criminal Code," said Vladimir Vodinelić of the Faculty of Law of the Union University.

The RTS said in its article that "not every instance of sharing and liking is a crime, although it may be related to one," and quoted legal experts as stressing that context should be taken into account, while "it should be investigated what stance someone had toward certain content."

"If somebody shared that status and said, 'this is unacceptable', then that context shows they condemn it, rather than support it," said Đorđe Krivokapić, of the Faculty of Organizations Sciences of the Belgrade University.

If the support is unequivocal, then legal experts have no dilemma, says RTS. "The responsibility does not diminish even if the number of perpetrators in an act increases. If a stance against legal order is expressed, the number of people who support it plays no role. They are responsible."

"You know that when it comes to violence during football games, where a large number of persons regularly takes part, the question is only whether you can bring them all to justice. However, that's a technical issue, and not a legal one," noted Vodinelić.

RTS further said that "possible criminal charges for supporting crime speech did not come into existence with the virtual world," and added:

"If a call for violence was printed on a poster, the responsibility would be equally on those who shared it; it is the same regarding petitions - if its purpose is contentious, both those who initiated it and signed it are responsible."

"However, legal punishment of a large number of people is not realistic, so at least social condemnation is possible," said the report, and quoted Krivokapić as recommending gathering of data and publishing of lists to shame those who expressed their approval:

"That means that the public and individuals can collect the data and make a list of all those who liked and shared Počuča's status, and then turn that into an application that could show which of your friends on Facebook or Twitter liked or shared that status," he explained.

Freedom of speech is guaranteed in Serbia by the constitution, and also by the European Convention on Human Rights, RTS noted, but added: "However, as is the case elsewhere in the world, freedom of speech is not unlimited."

"Like responsibly, and be prepared to be called to answer for your actions yourselves," the broadcaster's reporter concluded.